LOS ANGELES (Legal Newsline) - It's more bad news from California courts for a University of Southern California player kicked off the team who claimed the disciplinary process to hear intimate violence charges against him was unfair.
The Second Appellate Division on March 7 held USC's decision was supported by substantial evidence, its use of a combined investigator-adjudicator procedure was proper and its appeal process did not amplify the harm from the use of that procedure.
Matt Boermeester had won the right to cross-examine his accuser from the same court, but an appeal to the state Supreme Court by USC successfully overturned that ruling.
The high court told the Second Appellate Division to consider aspects of the rest of Boermeester's appeal after doing so. Justice Marie Stratton's opinion addressed them.
"Boermeester points to evidence that Roe had no bruising, scrapes or similar markings when examined by USC two days after the incident," the Second Division said. "We agree that it is undisputed that Roe had 'no bruises or anything else anywhere on [her] body' when examined by USC.
"Boermeester, however, points to nothing in USC's definition of physical harm that requires visible physical marks that last at least 48 hours."
Boermeester was brought under Title IX investigation for intimate partner violence in 2017 after a witness told school officials he saw the football player assaulting his on-and-off girlfriend in the alley behind their apartment.
The woman, identified as Jane Roe, at first told investigators an intoxicated Boermeester had grabbed her throat and pushed her head against a wall after she refused to drop the leash to her dog. Roe later recanted, however, telling investigators she was “freaked out” and feared retaliation from the football team.
USC’s policy gave accuser and accused “individual and separate” opportunities to review the evidence and respond at hearings conducted by the university’s Title IX office. The Title IX investigator would then prepare a summary administrative review (SAR) for a misconduct panel of one undergraduate student and two staff.
Boermeester acknowledged he had put his hand around Roe’s neck but said it was “horsing around” or sexual foreplay. Roe didn’t want to participate in the investigation and later said Boermeester was only engaging in horseplay with her.